
look. 



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COPYRIGHT DEPOSffi 



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and 



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of 

HLHB 



MEMTON Aa£. BRTES, 7*. 7VY., 

jlpPESSOR OF= L.MNGUKGB 75ND L1TERRTUR6 
IN THE STRTB NORMRL COLLEGE, 
F=L»OR©WGE, HLKBKMK. 

J 



Florence, Ala.: 
Herald Pu 



nee, rtiiH... . * 

JBLISHING CO., I >-/■ """1 *> 5^ 

1892. V *> / j 



gather into a compact and convenient form the essen- 
tial facts of both the history and government. 

For a more extended account of the early history or 
the public men of the state, the student is referred to 
Pickett's History of Alabama, Brewer's Alabama, 
Garrett's Public Men of Alabama, Northern Alabama 
published by Smith and De Land, the History of 
Education in Alabama published by the Bureau of Ed- 
ucation and the various county histories. Those wish- 
ing to pursue a more exhaustive study ot the state 
government are referred to the State Constitution, 
the Code of Alabama, and the Acts of the various 
General Assembl ies. 

N. W. Bates. 

Florence, Ala., March i, 1892. 



History it Civil GeMmMt of Aim. 



Part I. HISTORY. 



CHAPTER I. 
The Spanish and French. 

Alabama was discovered and explored by Hernando 
de Soto, a Spanish cavalier. Having been with Pi/ar- 
ro in the conquest of Peru, De Soto 
eagerly sought for a commission from 
I. Iliscoyery. the court of Spain to explore the un- 
known region of Florida, hoping to 
find richer cities and more valuable 
min es of gold and silver than those which had reward- 
ed the South American conqueror. He landed at 



Histoj-y of Alabama. 



Tampa Bay in May, 1539, with an army of nearly a 
thousand men, composed of soldiers,' workmen of 
every trade, priests, and "men of science, 1 ' equipped 
with weapons, tools, and provisions for two years. 
He brought with him horses and mules for beasts 
of burden, cattle and hogs for food, and dogs for 
hunting. 

Going northward, he travelled along the west 
coast of Florida, through Georgia, and turning west 
came into Alabama in Julv, 1^40 He entered in 
Cherokee County and went down the Coosa and Ala- 
bama rivers and up the Tombigbee passing thence 
into the present State ot Mississippi. 

De Soto found in the State many flourishing king- 
doms of various tribes of Indians, who were mostly 
friendly to him, until his extreme cruelty rendered them 
hostile. At Maubila, near the junction of the Alabama 
and Tombigbee rivers, he had a serious battle with 
the Indians, led by their chief Tuskaloosa, in which 
the Spanish lost many of their men and all their sup- 
plies and valuable collections, although tiiey 
destroyed several thousand Indians. At this point he 
learned that his ships were at Pensacola Bay with 
supplies, but, fearing that his men would deserl him 
if they reached the ships, he turned his course n orth 
ward. Another battle was fought in crossing the I(>lack 



The Spanish and French. 3. 

Warrior River, but the Indians were driven back and 
De Soto passed out of the State in November, 1540. 

Discovering the Mississippi River near Memphis, 
he crossed it and explored the region to the west, 
coming back to the river only to be buried in its 
waters His army, now less than one third of the 
original number, painfully made their way back to 
Cuba. 

The Indians of Alabama w T ere chiefly Mobilians, 
including the Coosas, Alabamas, and Creeks in the 
the east and south, the Choctaws in the west and the 
Chickasaws in the north-west. The Cherokees, a dif- 
ferent family, occupied the north-eastern portion of the 
State. 

In 1699 the Spanish established a fort at Pensacola, 
and laid claim to the whole region. Later in the same 
year, the French, wishing to estab- 
lish a settlement near the mouth of 
2. Settlement, the Mississippi, built a fort at Biloxi, 
Miss. In 1702 Bienville, the gover- 
nor of the French territory, moved 
the fort to the Mobile River, and in 17 11 to the present 
site of Mobile, thus establishing the first European set- 
tlement within the limits of Alabama. Bienville was 
governor, except at a few intervals, until 1743, and 
did much to develop the agricultural and commercial 



} f . Histo ry of A la b a m a . 

interests of the territory. Mobile was the seat of the 
French government in America until 172.0, when it 
was moved to Biloxi, but in 1723 New Orleans became 
the capital. The southern and western- part of Ala- 
bama continued to be ruled by the French until 1763. 
In 1 7 14 Bienville built Fort Toulouse near the 
junction of the Coosa and Tallapoosa livers, and in 
1735 Fort "Tombecbe" on the upper Tombigbee River 
in Sumter County, which were maintained by the 
French until the territory was surrendered to the 
English. 

Three countries claimed ail or part of this territory. 

England claimed it as a part of Georgia, Spain claimed 

it because of the discovery of De 

_ _ „. Soto and the settlement of Pensa- 

3. Comiictmg 

cola, while France based her claims 

Isiaims. upon her occupation and her settle- 

ment at Mobile. These conflicting 
claims were a source of trouble for many years. 

At the close of the French and Indian War, in 1763, 
France ceded to England all her territory cast of the 
Mississippi River, except a small re- 
p-ion around New Orleans. Louisiana 
4. Cessson to & 

Territory, including New Orleans 

England. was given to Spain. At the same 

time. Spain ceded to England 

all of Florida, including indefinitely the southern 



Tlic Spanish and French. 5. 

part of Alabama. 

England organized the territory which she had 
acquired from Spain into East and West Florida. The 
latter included the part of Alabama and Mississippi 
below latitude 32 28', and Florida as far east as the 
Appalachicola River, with Pensacola as its capital. 
West Florida had a royal government from this time 
until the Revolution. The northern part of Alabama 
and Mississippi was made a part of Illinois Territory. 
There were, however, no white settlers in the region at 
that time. 

In 1780 the Spanish, who were at war with Eng- 
land, attacked and captured Mobile and Pensacola, 
and thus again pained control of 
5. Cession to West Florida. 
Spain and the At the close of the Revolution, in 
United States. !7<\3, all the region north of latitude 
31° was ceded to the United States 
by England, and Florida was given back to Spain. 
Spain, however, claimed all of West Florida on 
account of her victory at Mobile in 1780, and consid- 
erable trouble resulted from the conflicting claims, 
until in 179=5 Spain relinquished her claim to all north 
of latitude 31 . 

In 1785, the county of Houston was organized by 
Georgia, out of that part of the state north of the Ten- 



6. History of Alabama. 

nessee River, but on account of the hostility of the In- 
dians it was little developed. 

A most remarkable man of this time was Alexander 
McGillivray. His father was a Scotch trader, who 
married a princess of the Creek nation among whom 
he lived. Wishing his son to be carefully educated, 
the father sent him to Charleston where he received a 
thorough education. Returning to the Indians. Alex- 
ander McGillivray became Chief of the Creeks, and for 
many years was the most influential man in the state. 



CHAPTER II. 
Mississippi Territory. — The Creek War. 

In 1798 Mississippi Territory was organized, in- 
cluding that part of Alabama and Mississippi between 
latitude 31° and 32° 28', with Natch- 

I. Mississippi ez as the ca P itaL Winthrop Sar- 
gent was the first governor, but was 
Territory. soon succeeded by Wm. C. C. Clai- 

borne, whose wise government 
brought prosperity to the territory. 

In 1787 South Carolina ceded to the United States 
a strip of land twelve miles wide, lying south of Ten- 
nessee and extending west to the Mississippi River. 



JMississifli Territory. 7. 

This ultimately became a part of Alabama and Missis- 
sippi. 

Georgia had claimed the region between latitude 
31 and 35°, and had granted vast tracts to various 
land companies. Out of this grant numberless ditfi- 
culties arose. The transaction was called the Yazoo 
Fraud, and was so unpopular that finally the Georgia 
legislature repealed the act granting the land. A 
large number of people, however, had purchased land 
alon^ the Tombigbee River from these companies and 
had settled on it. Some of them obtained a title to 
their land from tlie United States, but many lost all 
the}' had invested. In i^oz Georgia ceded all land 
between latitude 3i Q and 3S C \ west of the present 
state, to the United States, for a million and a quarter 
dollars. 

In 1804 Mississippi Territory was enlarged by the 
addition of the northern part extending to latitude 35°, 
and in 1812 the seacoast between the Pearl and Ferdido 
rivers was added. 

In 1800 Spain ceded back to France the Louisiana 

Territory with nearly the same boundaries as it had 

when ceded to her by France, and 

o tu~ i ~. •„■« ~ i n 1802 this territory was purchased 
2. The Louisiana J ^ 

from France by the United States, 
Purchase. for fifteen million dollars. Our gov- 
ernment claimed that the purchase 
extended east to the Perdido River, but Spain claimed 



8* History of Alabama. 

that the eastern boundary was the same as that of the 
territory France had ceded to her in 1763. After sev- 
eral years of dispute, during which Spain continued to 
hold Mobile, the United States in 1813 took forcible 
possession of the city, and in 1819 Spain ceded all of 
Florida to the United States. 

During - the war with England serious trouble arose 

with the Creek Indians, v\ ho were stimulated and 

aroused by the English, and by 

_ _. some other Indians, especially Te- 

3. The 1 1 J 

cumseh, to attack and try to exter- 
Creek War. minate the white settlers. Several 
outrages were perpetrated and the 
settlers in terror began to gather at the forts for pro- 
tection. Gen. Claiborne sent all available troops to 
the aid of the settlers, and in July, 1813, the troops 
attacked a large body of Indians at Burnt Corn Creek, 
now in Conecuh County, where a severe fight ensued 
in which both sides met with severe losses. 

On August 30 of the same year, a large body of 
Indians attacked Fort Minis, in Baldwin County, 
where a large number of people had taken refuge, and 
surprising the occupants, who were largely women and 
children defended by a few soldiers, they massacre ] 
nearly five hundred people. The Indians were led by 
William Weatherford, a remarkable man, who had 



The Creek War. 9. 

acquired a great influence over them. He was part- 
ly Indian, and had spent a great part of his life with 
the Indians, but subsequently settled in South Ala- 
bama and became a useful citizen. The news of this 
massacre spiead consternation throughout all the 
territory, and troops were soon sent in to 
attack the Creeks. The Choctaws joined the settlers 
and rendered them valuable assistance. 

Gen. Andrew. Jackson came down from Tennessee 

with two thousand soldiers, being aided by his broth- 
er in-law, Gen. Coffee. Passing: through Huntsville, 
they made their way to trie Coosa River. At Tallase- 
hatche, now in Calhoun County, Gen. Coffee attacked 
a body of Indians, November 3, defeating them and 
destroying a considerable number. Establishing Fort 
Strother, at the Ten Islands, now in St. Clair County, 
and making it his base of supplies, Gen. Jackson went 
on to Talladega, where a number of friendly Indians 
were besieged by hostiles. Surprising and surround- 
ing them, a hard battle was fought, November 9, and 
several hundred of the Indians were slain. Jealousv 
between the troops of East and West Tennessee inter- 
fered considerably with Jackson's movements immedi- 
diately after this. 

A Georgia army of a thousand men, coming to the 
rescue, attacked the Indians, November 29, at Auttose, 



( 

i o. Histo ry of A la bam a. 

on the Tallapoosa River, now in Macon County. Ad- 
vancing upon the town at daybreak, a sharp fight of 
several hours took place, resulting in the defeat of the 
Indians and the burning of their town. 

Gen. Claiborne, with nearly one thousand soldiers, 
marched against the Indians in the southern part of 
the state Building Fort Deposit, now in Lowndes 
County, he went to the ''Holy Ground," situated upon 
a bluff on the Alabama River. Here the Indians were 
quickly defeated and their town burned, December 23. 

Gen Jackson soon began moving southward and 
January 22, 1S14 had an indecisive battle with the 
Indians at Emuckfau, now in Tallapoosa County. 
and two days later at Enitachopco, now in Clay Coun- 
ty, on his retreat to Fort Strother. 

On March 27, he attacked the Creeks at the Horse- 
shoe Bend of the Tallapoosa River, in Tallapoosa Coun- 
ty. Having surrounded the Indians, he made an 
attack and, after a sanguinary battle, in which over 
five hundred Indians were killed, he completely routed 
the remainder. This battle practically closed the wai. 
Gen. Jackson went on to the old French Fort Toulouse, 
which he strengthened, naming it Fort Jackson, and 
where, in August, 1814, he concluded a treaty of 
peace with the Creeks. 

Meanwhile. the British had been planning an attack 



The Creek War. "• 

on Mobile, and Jackson was soon assigned to the com- 
mand of the army at that point. In 

September, 1S14, a combined attack 
4. English at . v 7 ^ 

was made upon Fort Bowyei at 

Mobile. Mobile by the Indians and the 

English, which was repulsed by the 
Americans. Knowing that the Spanish had allowed 
the British to use Pensacola as a harbor, Jackson 
marched against it and captured it, going from there 
to New Orleans. In February, 1815, the British fleet 
from New Orleans overpowered and captured Fort 
Bowyer. 

The close of the Creek War was the signal for settlers 
from all states to flock to Alabama. Vast tracts of 
valuable land in all parts of the state were given up 
in the various treaties made by the Indians, and the 
pjpulation, which in iSiowas only 9,000, increased to 
128,000 in 1820 In 1S10 then were three coanties, 
Washington and Baldwin in the south and Madison in 
the north, the latter being the most populous a'th nigh 
it had been settled but four years. 



i2. History of Alabama. 



CHAPTER III. 
Alabama Territory and State. 

In March 1S17, Mississippi Territory was divided 

and Alabama Territory was formed, with St Stephens 

as its capital and \Vm W. Bibb, 

, . . , governor. In 1S1S the Legislature 

I. Alabama te & . # 

designated Cahaba as the capital, 
Territory. with Huntsville as temporary capital 

until suitable buildings were erected at Cahaba. 

In March 18 19, Congress authorized the people of 

Alabama to frame a constitution, which was done in 

July, and the first General Assembly 

_ . , , met at Huntsville in October of the 

2. Alabama 

same year. On December 14, 18 19, 
a State. the resolution admitting Alabama 

as a state was signed by President 
Monroe. -Win. W. Bibb was elected governor of the new 
state. At this time the principal towns of the state 
were Huntsville, Claiborne, Mobile, Cahaba, St. 
Stephens, Florence, and Montgomery. The history of 
the state for forty years after its organization was one 
of continued growth and almost unbroken prosperity. 



Alabama Territory and State. 13. 

Emigrants were constantly coming to make their homes 
within its borders and found an abundant reward for all 
their labor. It was a time of pence, prosperity, and happi- 
ness, which furnishes little for the historian to record 
Many towns and village's sprang up and the population 
increased until in 1S60 there were 964,201 inhabitants in 
the state. The General Assembly met at Cahaba from 
1S20 to 1 82^ when Tuskaloosa became the capital. From 
this point it was moved to Montgomery in 1846, where 
it has since remained. The first capitol building was 
burned in December. 1849, and the present building 
was completed in 18^1. 

Mobile is the oldest town in the state, having been 

founded by the ^prHiidb fn 1711. For many years it was 

a military post with a population of a 

_ _. . , few hundred, but it began to "row 

3. First impor- . te f 

rapidly soon after the United States 
tant Towns. acquired Florida, becoming soon the 
largest city in the state, which place it 
has since maintained. 

Montgomery was founded in 1817, being known 
then as New Philadelphia. In 1819 this town w r as 
united with a rival town, East Alabama, and was called 
Montgomery in honor of the Revolutionary hero. It was 
chartered as a city in 1837, nav i n g become the most 
important town in that part of the state. 

Selma w T as founded in 1820 and had a gradual 



14- History of Alabama. 

growth as the surrounding country developed. The 
decline of Cahaba added considerably to the population 
and wealth of Selma. 

Huritsville was settled in 1S07 and incorporated as 
a town in 181 1. It grew rapidly, being the largest town 
in North Alabama. The first newspaper of the state 
w T as published here in 1812, and the first bank located 
here in 1S16. 

Florence was founded in 18 18. It had a rapid 
growth at first and became an important river town 

Tuskaloosa was incorporated in 18 19, and soon 
became the most important town in the western part 
of the state. 

Claiborne, now in Monroe County, was first the 
site of Fort Claiborne which was built in 1S13. It 
grew rapidly and at one time had a population of 
twenty-five hundred people, being one of the most 
important towns of the state. It is now a village of a 
few hundred inhabitants. 

St. Stephens was first settled by the Spaniards who 
erected a fort at that place in 1786. The Americans 
began to set^e in the plac '. in 1803, from which time 
the town grew rapidly, having in 18 iS fifteen hundred 
inhabitants The removal of the capital caused it to 
decline and it is now a small village although it is the 
countv seat of Washington County- 



Alabama Territory and State. 15* 

Cahaba came into existence at the time that the 
state capital was located at that place, being laid out 
and incorporated in 1S19. At one time it had a popu- 
lation of two thousand and was an important business 
point. 

A company of French refuges, composed of many 
prominent persons driven from France because of their 
opposition to the government, came to Alabama in 
1S1S and finally settled at Demopolis. 

The construction of the Muscle Shoals Canal was 
begun in 1830 and about the same time the first rail- 
road in the state was begun, be- 

.. . tween. Tuscumbia and Decatur, which 

4? Important 

was completed in 1832 At first the 
Events. cars were drawn by horses. 

The penitentiary was established in 1839 at We* 
tumpka and opened in T842. Wetumpka had a rapid 
growth at this time and was a rival of Montgomery in 
the contest for the«state capital in 1S46. It had at (ne 
time a population of several thousand. The peniten- 
tiary buildings, located at that place, are now used for 
female prisoners and those not *ble to work in the 
mines. 

The Insane Asylum was organized at Tuscaloosa 
in 1852 and completed in i860. 

The Deaf and Dumb Asylum, situated at Talla- 



16. History of Alabama. 

dega, was opened in 1S60 and the Blind Asylum 
opened in 1867, the two being consolidated in 1870. 

The various Indian tribes remaining in the slate 
were a constant source of trouble. Gradually their 
lands were purchased and they removed to the west, 
the last tribe leaving the state in 1838. 

In 1820 a state bvnk was chartered and located at 
Cahaba Subsequently branch banks were organized 
in several cities of the state. Money was issued by 
these banks in great quantities and the credit of the 
state was pledged to sustain them. For a time there 
was an appearance of great prosperity, but the panic of 
1837 brought on a great depreciation of values and all 
the banks suspended specie payments. The state 
came to their assistance, but in 1842 the charters of 
the branch banks were repealed, and in 184^ the 
charter of the state bank expired. 

On January 7, 1861 a sbite convention assembled 
at Montgomery at the call of the governor, issued in ac- 
cordance with a resolution of the 
5-The Civil War- preceeding legislature directing him 

to do so, if Abraham Lincoln was elected President; 
and on January 11 an ordinance of secession was 
adopted. Wm. L. Yancey was a leader in the move- 
ment and framed the ordinance. Delegates were also 
elected to represent the .state in the provisional Con- 



Alabama Territory and State. 17* 

gress of the Confederate States which was held 
at Montgomery, and a new state constitution 
was adopted. On February 18, Jefferson Davis 
was inaugurated President of the Confederate 
States, and Montgomery became for a time 
the capital of the Confederacy. Immediately several 
regiments were organized and equipped for service. 
Public opinion had been about equally divided < n the 
question of secession, the people in the northern part 
having a warm attachment for the Union, but nearly 
all united in opposing the invading armies and es- 
poused the cause of their state. Early in 1S62 
the Fedeial troops occupied the northern part 
of the state and remained till August 1862, when 
Bragg's army advanced into Kentucky; but the Fed- 
erals returned the next year. 

In May, 1S63, Gen. Forrest captured seventeen 
hundred Federals under Col. Strei'ght in Cherokee 
County, having pursued them from Tuscumb a. 
Col Streight had started for Rome, Ga., to des'roy 
the Confederate stores at that point. Gen. Forrest, 
after overtaking the Federals, by a skilful movement 
of his troops, convinced Col. Streight that 
he was attacked by a superior force and caused him to 
surrender. 

In July, 1864, Gen. Rosseau with about thirteen 






J£ 



History of Alabama. 

Towns 1890. 1SS0. 

Mobile 31,076 29,132 

Birmingham 26,178 3,086 

Montgomery 21,883 I ^--7 I 3 

Anniston 9^99^ 94° 

Ihinrsville 7 -995 4,977 

Selma 7,622 7,=i 2 9 

Florence 6.012 1 ,359 

Bessemer 4 544 

Eufaula 4 394 3.836 

Tuskaloosa 4 2I 5 2,418 

Opelika 3,703 3,245 

Phoenix .... 3,700 2,224 

New Decatur 3,^6=^ 

Tr °y- 3449 2 > 2 94 

Gadsden 2,901 1 ,697 

Greenville 2,806 ^Al 1 

Decatur 2 ,765 1-063 

Sheffield 2 731 

Fort Payne 2,698 

Tuscnmbia 2 <49 I J >369 

Talladega 2,063 J i 2 33 

Union Springs 2 ,o49 1,862 

GOVERNORS OF ALABAMA. 

Inaugurated. 

Wm. W. Bibb, Nov. 1819. 

Thomas Bibb, July- i§ 2 o. 

Israel Pickens, Nov. 1821. 

John Murphy, Nov. 1825. 

Gabriel Moore, Nov. 1829. 



Alabama Sta'e and Territory. 



2 3- 



Samuel B. Moore, 
John Gayle, 
Clement C. Clay, 
Hugh McYay, 
Arthur P. Bagby, 
Benjamin Fitzpa trick, 
Joshua ! . Martin, 
Reuben Chapman. 
Henry W. Collier, 
John A. Winston, 
Andrew B. Moore. 
John G. Shorter, 
Thomas H. Watts, 
Interregnum, 
Lewis E. Parsons,* 
Robert M. Pattern, 
Wm H. Smith, f 
Robert B. Lindsay, 
Da\ id P. Lewis, 
Geo. S. Houston, 
Rufus W. Cobb, 
Edward A. O'Neal, 
1 horn as Seay, 
Thomas G. Jones, 



March 


1831. 


Nov. 


1831. 


Nov. 


i835- 


July 


i§37- 


Nov. 


iS37. 


Nov. 


1841. 


Nov. 


1845. 


Nov. 


1847. 


Nov. 


1S49. 


Nov. 


1853. 


Nov. 


i857- 


Nov. 


1S61. 


Nov. 


1S63. 


April 


1865. 


June 


1865. 


Dec. 


1S65. 


July 


186S. 


Nov. 


1870. 


Nov. 


1872. 


Nov. 


1S74. 


Aug. 


1878. 


Aug. 


1S82. 


Aug. 


1886. 


Aug. 


1890. 



* Appointed by the President, 
y Appointed by act of Congress. 



2 o. History of A la ba ma. 

over whom it is ruling, or that has had no experience 
in conducting the affairs of a state. 

Many new railroads were projected in the state to 
which vast subsidies were granted and the bonds of 
which the state endorsed. While this resulted in the 
building of several roads it opened a vast field for fraud 
and an immense debt was incurred by the state. This 
debt was ureatlv diminished in Governor Houston's 
administration by a commission that examined into the 
transactions and rejected certain frauds, but it still 
forms a considerable part of the state debt. The ad- 
ministration of Governor Houston was noted for its 
vigorous reform, especially in the financial affairs of 
the state. As gradually the people came to control the 
affairs of the state an era of greater Satisfaction and 
prosperity dawned. A new constitution was adopted 
in 187=5 which has remained unchanged to the present 
time. 

The growth of the state during the past decade has 

been marvelous. The mineral wealth which had been 

hidden so long has been brought to 

light, and its development has caus- 

7- Recent ed villages to become cities and new 

Growth. cities to spring up where was a 

barren wilderness. Manufacturing 

also has developed, and much of the 

raw material that was formerly shipped out of the state 



Alabama Territory and State. 21. 

to be manufactured is now prepared for the market at 
home Many new railroads have been constructed and 
vast tracts of mineral and timber land that were here- 
tofore inaccessible have thus been opened up for 
development 

The growth of Birmingham is one of the most mar- 
velous events in the history of state. The town was 
laid out in 187 1 and because of its favorable location 
for the production of iron and on account of the many 
railroads that pass through it, blast furnaces and miils 
of all kinds have sprung up, and the population Has in- 
creased from three thousand in 1S80 to twenty-six thou- 
sand in 1S90. Including the suburbs, which have grown 
up with the city, the population is not far from forty 
thousand. 

Many other cities and towns have shared in this 
marvelous growth, the most important of which are 
Anniston, Huntsville, Florence, Bessemer, Tuskaloosa, 
Decatur, Gadsden, Sheffield, and Fort Payne 

There are in the state- vast fields of coal, iron, and 
other minerals that are yet undeveloped, which will 
prove a great source of wealth, so that the future 
of the state is bright with the promise of growth and 
prosperity. 

The following table shows the recent growth of 
twenty-two cities and towns, as published in the cen- 
sus report of 1890. 



1 8. History of Alabama. 

hundred Federal cavalry passed down the eastern edge 
of the state, destroying considerable property. In 
August, 1S64, Admiral Farragiit, with a fleet of 
eighteen vessels, entered Mobile Bay and, after one of 
the fiercest naval battles of the war. succeeded in cap- 
turing Fort Gaines and Fort Morgan at the entrance 
of the bay. In March 1865, Spanish Fort on the est 
shore was besieged and in April Fort Blakely. Both 
were bravely defended, but the former was evacuated 
April 4 and the latter stormed and captured on April 
9. Three days late)" the Federals occupied Mobile-. 

On September 24, 1864. Gen. Forrest captured one 
thousand nine hunched Federals at Athens. Here 
again he had recourse to a subterfuge, by which he con 
vinced the Federals that his forces were more than 
double their true number and caused them to surren- 
der. 

In March, 1865, Gen Wilson, with thirteen hun- 
dred and fifty Federals, started from Chickasaw, in 
Colbert County and passed down through Russellville 
and jasper to Ely ton, now Birmingham, where he en- 
countered Gen. Forrest, whom he drove back toward 
Selma. At Selma Forrest's troops made a stand and 
the city was bravely defended, but it was captured 
April 2, and Gen. Wilson passed on to Montgomery, 
which he occupied without resistance April 12. 



Alabama a Territory and State. 19. 

A part of Wilson's command went from Elytotl to 
Tuskaloosa, where, after some skirmishing, they burned 
the University buildings April 3. They were subse- 
quently defeated in a skirmish at Pleasant Hill in 
Greene County. On May 4. iS6^, Gen Richard Taylor 
surrendered the military department, of which Ala- 
bama was a part, to Gen. Canby, thus ending the 
war in Alabama. 

For several years after the close of the war the con- 
dition of affairs in the state was one of great confusion. 
In 1865, a new constitution was 
adopted by a convention called by 

6. Recon- order of President Johnson! Con- 
struction, gress, however, refused to recog- 
nize the senators and representatives 
elected by the state, and in 1867 
passed a bill over the President's Veto making the state 
a military district. Under this authority a convention 
was called in November. 1867, and a new constitution 
was framed, which was adopted in 1S68, when Ala- 
bama was again recognized as a state. The • majority 
of the people of the state had little to <lo with this con- 
vention or the adoption of the constitution. 

For several years the state suffered from the misrule 
and extravagance which so often come with a govern- 
ment that does not feel its accountability to the people 



24- History of Alabama. 



CHAPTER V. 

Schools. 

The act of Congress passed March 2, 1819, admit- 
ing Alabama into the Union, granted the sixteenth 
section of each township to the inhab- 
itants of the township, '"for the use 
I. The Public G f schools." The first constitu- 
Schools. t\o\\ °f the sr ate contained these 

words: "schools, and the means of 
education shall forever be encour- 
aged." Thus early was the foundation laid for a pub- 
lic school system. On March 2, 1827, Congress 
passed a law authorizing the sale of these school lands, 
specifying that each township should have the benefit 
of the money derived from the sale of its particular 
section. The money thus obtained was to be invested 
by the state, and was to become a permanent school 
fund. This now forms what is called the sixteenth 
section fund. 

Another grant for the same purpose was made 
July 4, 1836, of a quantity of land equal to one thir- 
ty-sixth part of the land within the state ceded to the 
United States by the Chickasaws. 



Schools. 25. 

In 1^48 the state was authorized to apply to the 
use of townships whose sixteenth section was value- 
less, five hundred thousand acres of land which had 
been donated in 1841 for internal improvements. 

Congress, on Jure 23, 1836, decreed that the sur ■ 
plus revenue in the United States treasury, in excess of 
five million dollars, should be divided among the dif- 
ferent slates, according to their representation in Con- 
gress, to be kept until called for by the United States. 
Alabama received $669,086.80 as her share, which was 
appropriated by the General Assembly U>v the use of 
schools, forming what is called the surplus revenue 
fund. 

For thirty five years after the organization ot 
the state there was no public school system, the in- 
come from these funds being used in support of private 
schools On February 17, 18^4, an act was passed 
establishing a free public school system. Another im- 
portant act was passed supplementing this, in 1856. 

By trie constitution of 186S a State Board of Edu- 
cation was created, consisting of a Superintendent 
of Public Instruction and two members from each 
Congressional District. This board had extensive pow- 
ers in establishing and governing the schools of the 
state 

When the present constitution was adopted this 
Board of Education was abolished and our present 
school system was established. 



26 History of Alabama. 

The act of cession by Georgia to the general gov- 
ernment, of the land that now comprises Alabama, con- 
tained a provision that one or more 
townships should besetapait ''for 
2. The State the use of a seminary of learning." 
University. The act of Congress admitting the 
state set apart two townships for 
such use The proceeds arising from 
the sale of this land have been used to maintain the 
State University at Tuskaloosa. The University was 
established in 1S19 by the General Assembly, a location 
was secured in 1828, and the University was opened 
in 1831. In 1884 Congress made another grant of two 
townships to the University. 

In 1862 Congress donated to each state a large 
amount of land, to enable it to endow an Agricultural 
and mechanical College, In 1S68 
the General Assembly of Alabama 
3. The A. andWl. accepted the grant, and in 1S72 or 
College. ganized the Agricultural and Me- 

chanical College at Auburn The 
amount deriv- d from the grant for 
this pupose was $253,500, which forms a permanent 

endowment fund for the college 

In 1890 the Government made another grant of 
money to the states for a similar purpose. Alabama's 
share was divided between the A and M. College and 



Schools- 27. 

the Colored Normal Industrial School at Huntsville, 
in proportion to the school population of the two 
races 

The State Normal College at Florence was estab- 
lished in December 1872, the first session beginning in 

September 1873. During the first 
session young men only were en- 
4. The Normal titled to the advantages ofthe school, 
Schools. but, at the next session, young ladies 

were admitted to all the depart- 
ments ofthe institution. 
The college receives an annual appropriation from 
the state of seven thousand five hundred dollars. 

The Jacksonville Normal School was established 
in I883. It receives an annual appropriation of two 
thousand five hundred dollars. 

The Livingston Normal School was established in 
1883 in connection with the Livingston Female Acad- 
emy. It receives an annual appropriation from the 
state of two thousand five hundred dollars. 

The Troy Normal School was established in 1887, 
and receives an annual appropriation of three thou- 
sand dollars from the state. 

Normal schools for colored students have been estab- 
lished at Montgomery, Huntsville, and Tuskegee. Ap- 
propriations are made for them, out of the general 



28. History of AtabamcL. 

school revenue set apart for colored schools, of seven 
thousand five hundred, four thousand, and thiee 
thousand dollars respectively. 

None of the Normal Schools have any endowment, 
but all receive aid from the Peabody Fund, 

The Medical College of Alabama, at Mobile was 
founded in 1858, receiving in 1S60 a state appropria- 
tion of fifty thousand dollars. At 
various times it has received appro- 

5. The Medical priations from the state for needed 
college of Alabama, improvements, but it does not receive 

an annual appropiiation. It is by 
its charter the medical department of the State Univer- 
sity, and it is required "to educate tree of cost one indi- 
gent student from each county of the State." 

Many denominational colleges and private schools 
of high rank are found in the state. 

Howard College was founded 
in 1^43, and is under the control of 

6. Denominational the Baptist Chu ch. It was at first 
and Private Schoois. localt;d at Marion, but was removed 

to Birmingham in 1SS7. It has a 
military organization and admits 
young men only. 

The Southern University at Greensboro was found- 
ed in 1858, and is under the control of the .\iethodist 



Schools. 29. 

church; it admits young men only. 

Among the more prominent schools for young- 
women are thejudson Institute at Marion, founded 
in 1839; Huntsville Female College, founded in 1855; 
Alab ma Female College at Tuskegee, founded in 
1856; and the Tuskaloosa Female College, founded in 

185s. 

There are many other excellent schools, both those 
for young men and those for young women in various 
parts of the state. Many of them are of recent growth: 
others have been in existence many years, and have 
done a good work for the youth of the state. A few r 
sch ols that were prominent in the past have, for vari- 
ous reasons, been closed. 



3o- Civil Government of Alabama 



Part II. 
CIVIL GOVERNMENT. 



CHAPTER I 

The Constitution-Legislative. 

The State Constitution opens with a Preamble 
similar to that of the United States Constitution Fol- 
lowing this is a Declaration of 
I. Preamble and Rights concerning the fundamental 
Declaration of principles of liberty, personal se- 
Rights. curiry, religious liberty, freedom of 

speech and of the press, trial by 
jury, habeas corpus, citizenship, suffrage and the like. 
It also forbids the infliction of cruel or unusual punish- 
ments, imprisonment for debt, slavery, the passage of 
ex post facto laws, the granting of titles of nobility and 
such other acts as would lessen the liberty of the 
people. Treason and eminent domain are defined, and 
the courts are declared open to every person w T ho has 
injury done him in land, goods, person, or reputation. 



The Constit u t ia n. 3 1 . 

Many other rights and prohibitions are specified with 
a minuteness that shows how carefully the interests of 
the people aie guarded. 

2. Distribution of ^ ne government of the state is di- 

Powers of vided into three departments; 
Government. ■> . , .. ,-. , . ,. . . 

legislative, executive, and judicial. 

The legislative branch of the government con- 

3. The General s * sts °^" tne ^ ena te and the House of 
Assembly, Representatives, which constitute 
the General Assembly. 

The Senate is composed of not more than thirty- 
three members, elected for four years, one half being 
eleeted every two years The state 
is divided into senatorial districts, 
4- The Senate, having as nearly as possible the same 
number of inhabitants. A new 
apportioi ment is made every ten 
years, when a new census is taken. The constitution 
specifies that the number of senators shall not be less 
than one fourth nor more than one third of the number 
of representatives. The number of senators has re- 
mained thirty-three since the present constitution was 
adopted. A senator must be at least twenty-seven 
years of age, a citizen and inhabitant of the state for 
three years and of his district one year before his elec- 



32. Civil Government of Alabama. 

tion, and must reside in his district during his term of 
service. 

The House of Representatives is composed of not 
more than one hundred members, elected for two 
years and apportioned among- the 
counties according to population; 
5. The House of but each county must have one rep- 
Representatives, resentative. A new apportionment 
is made with each census. The 
number of representatives has re- 
mained one hundred since the present constitution was 
adopted. A representative must be at least twenty - 
one years of age, a citizen and inhabitant of the state 
three years and of his county one year before his elec- 
tion, and he must reside in his county the entire term 
of service. 

The pay of senators and representatives is four dol- 
lars per day and ten cents per mile in going to and re- 
turning from the capital by the 
nearest usual route travelled. 
6. Points in The Senate elects its president and 

the House of Representatives its 
Common- speaker and each house its other 
officers, such as clerks, door keeper, 
etc. 
The General Assembly meets biennially and for 
hot more than fifty days. 



The Constitution. 33. 

Each house keeps a journal of its proceedings and 
at the desire of one tenth of the members present the 
yens and nays must be recorded. 

A majority of the members constitutes a quorum. 

Each house is the judge of the election, returns and 
qualifications of its members. 

When a vacancy occurs the Governor issues a 
writ of election to fill such vacancy. 

Members of the General Assembly are privileged 
from arrest while in attendance at its sessions and in 
going to and returning from them, except for treason, 
felony, violation of their oath of office, and breach of 
peace. 

A bill to become a law, must in each house, be in- 
troduced by some member, referred to a committee and 
returned by it, read three different 
days, passed by a majority of the 
7. How a Law Is members present, have the yeas and 
Made. nays recorded on its final passage, 

be signed by the presiding officer of 
each house in the presence of the 
house and the fact of signing be recorded in the jour- 
nal. It must then be signed by the Governor. 

Either house may amend a bill that is brought to 
it from the other house, in which case the bill is sent 
back to the house in which it originated and the 



34- Civil Government of Alabama. 

amendment acted upon. If the two houses disagree a 
conference committee is appointed from each house, 
and a compromise bill is prepared, which is usually 
adopted by both houses. 

A bill may be passed over the Governor's veto by a 
majority of all the members in each house. If it is not 
signed or vetoed within five days after it has been 'pre- 
sented to the Governor it becomes a law, unless the Gen- 
eral Assembly adjourns within the five days, in which 
case the bill does not become a law. 

All bills for raising revenue must originate in the 
House of Representatives, but the Senate may pro- 
pose amendments. The money to 
meet the expenses of the state gov- 
8- Revenue- eminent is raised by taxation. 

The General Assembly levies the 

taxes and appropriates the money 

thus obtained, for such purposes as it judges necessary- 

The state tax cannot be more than three -fourths of 

one per cent, on the value of the taxable property 

within the state. 



Th e Co n stlt it tion. 35 



CHAPTER II. 

The Constitution- — The Executive, 

The Executive department consists of the Gov- 
ernor, Secretary of State, State Treasurer, State Audi- 
tor, Attorney General, Superintend- 
ent of Education, and Commissioner 
I. The Executive G f Agriculture; all of whom are 
Officers. elected for two years. All of these 

offices, except Commissioner of Agri- 
culture, were created by the consti 
tution, that office being formed by legislative enact- 
ment. The constitution does not determine the term 
of office or time of election of the Superintendent of 
Education, but the General Assembly has by law made 
them the same as those of the other state officers. 

There aie several other state offices and boards, 
established by law, which will be discussed hereafter. 
The election at which the state officers, and the senators 
and representatives are elected is held on the first Mon- 
day of August of the even years. 

The Governor must be at least thirty j^ears of age. 



36. The Civil Government of Alabama. 

a citizen of the United .States ten years, and a "resi- 
dent citizen" of the state seven years 
before his election. He is the chief ex- 
2- The Qovamor, ecutive officer and is to see that the 
laws are enforced. He presents to the 
General Assembly an estimate of the 
amount of monev required to be raised by taxation, 
recommends needed legislation, and gives information 
of the state of the government. He has a veto on all 
bills passed by the General Assembly. He may on 
extraordinary occasions convene the General Assembly 
in special session. He is commander in -chief of the 
militia, except when they are called into service of the 
United States. He has power to pardon criminals, 
except in cases of impeachment and treason. He appoints 
numerous minor officials, and incase of vacancy in any 
of the state executive offices he fills the vacancy. In 
case of the absence, death, or disability of the Governor 
to perform his duties, the President of the Senate acts 
as Governor until the disability be removed, or until the 
next regular election. If the President of the Senate 
is unable to act, the Speaker of the House of Repre- 
sentatives acts as Governor. The salary of the Gover- 
nor is three thousand dollars a year. 

Tlie Secretary of State, State Treasurer, State 



The Constitution. 37. 

Audi tor or Attorney General must be at least twenty - 
five years of age, a citizen of the 
3, Otftsr State United States seven years, and a res- 
Officers, ident of the state five years before 
his election. In case any of these 
offices become vacant the Governor fills the vacancy. 

The Secretary of State is keeper of the great seal 
of the state and attests all commissions, grants, par- 
dons, and public documents issued by the Gover- 
nor, affixing to them the great seal, when this is nec- 
essary. He keeps the original statutes and public 
records of the state, and the records of the General 
Assembly and of the official acts of the Governor. The 
returns of nearly all elections are made to him. His 
salarv is eighteen hundred dollars a year. 

The State Treasurer receives the money of the state 
and pays it out on the warrant of the Auditor. He is 
required to give a bond of two hundred and fifty 
thousand dollars. His salarv is twenty-one hundred 
dollars a year. 

The State Auditor keeps the accounts of the state, 
showing the various funds from which the money is de- 
rived and how the money is disbursed. He issues all 
warrants on the treasurer for the payment of money 
when due. He also has a general supervision of tax- 
ation. His salary is eighteen hundred dollars a year. 



38. Civil Government of Alabama. 

The Attorney General is the legal adviser of the 
executive department. He also has charge of all 
cases in which the state is a party in the supreme conrt 
of the state, in United States courts, in courts of 
other states, and sometimes in lower courts of this 
state. His salary is fifteen hundred dollars a year, but 
after the election of 1892 it will be twenty-five hun- 
dred a year. 

The Superintendent of Education has charge of the 
educational interests of the state. [See Part II. Chap-' 

ter V.] 

The office of Commissioner of Agriculture was cre- 
ated by the General Assembly in 1885. At first the 
Commisioner was appointed by the Governor, but in 
1891 the office was made elective like the other 
state offices. The duty of the Commissioner is 
to promote the agricultural interests of the 
state. He holds farmers 1 institutes, collects statistics, 
and information about seeds, soil, etc., analyzes the 
various kinds of fertilizers that are sold in the state* 
attaching an official tag to all that is to be sold, and 
has many other duties of a similar nature. His salary 
is twenty -one hundred dollars a year. 

The Adjutant General is the chief-of-stafF to the 
Governor. He is appointed by the Governor and holds 
office at his pleasure. It is his duty to keep the arms 



The Constitution. 39. 

of the state, distributing them to the state troops as 
required, and he has general charge of the militia of 
the state. There is a considerable number of other offi- 
cers as quartermaster-general, commissary -general, etc., 
who aid him in these duties. 

The Examiner of Accounts is appointed by the 
Governor and holds office at his pleasure. It is his 
duty to examine the accounts of any state or county 
officer who handles the state funds, or the accounts of 
any state institution, if so ordered by the Governor. 

The Board of Railroad Commissioners is composed 
of three members, appointed by the Governor. 
This Board has power to revise 
The State a ]j tariff' of charges, recommend re- 
Boards, pairs, inquire into the cause of acci- 
dents, and exercise a general over- 
sight of the railroads in the state 

The Board of Convict Inspectors is composed of 
three members appointed by the Governor. It is 
their duty to lease the convicts, and to inspect the 
penitentiary, and various mines in which the convicts 
are employed, looking after the health, safety, and se- 
curity of the convicts. 

The State Board of Health is composed of the 
State Medical Association. This Board has charge of 
the collection of vital statistics; inspects state insti- 



_|o. Civil Government of Alabama. 

tutions, as asylums and the penitentiary; licenses 
doctors, in common with county boards; and, 
in case of epidemic diseases, has extensive quar- 
antine powers. The Board works through the 
State Health Officer, whom it appoints, and a Board 
of Censors, composed of ten members, also appointed 
by it. 

The Governor, Secretary of State, Auditor, Treas- 
urer, Attorney General, and Super- 
intendent of Education may be re- 
moved from office for wilful neglect 

5. Impeachment. c , . ... rv; i 1 - t 1 

of duty, corruption in office, habitual 
drunkenness, incompetency, or any 
offense involving moral tuipitude by 

the Senate on charges preferred by the House of 

Representatives. 



CHAPTER III. 
The Constitution — -Judicial. 

The judicial department consists of 
i. The Judiciary. tne Supreme Court, Circuit Court, 

Chancery Court, Probate Court, and 
other inferior courts established by law. 



The Constitution 41. 

The Supreme Court consist of a Chief Justice and 
four associate justices, who are elected for six years, 
with a salary of three thousand six 
3. The Supreme hundred dollars a year. This couit 
Court. meets at the capital on the first Tues- 

day of November of each year, the 
term continuing until the end of the next June There 
are, during the term, two calls of the docket of the 
cases before the court. 

It is the highest court of the state and its decision 
is final. In most matters it has only appellate juris- 
diction. The inferior officers of the court, such as 
clerk, marshal, and reporter, are appointed by the 
justices. 

The state is divided into ten judicial circuits. 

Each circuit has a judge, called the Circuit Judge, who 

is elected tor six years. There is 

3. The Circuit also a Solicitor in each circuit, elected 

court. by the General Assembly, for six 

years; and in each county there is 

a circuit court clerk and sheriff. The salary of the 

Judge, is twenty -five hundred, dolrars a year and that 

of the Solicitor three thousand dollars a year. The 

Solicitor has an assistant in each county. 

The Circuit Judge must hold court in e;ich county 
in his circuit at least twice a. year This court has 
original jurisdiction in all criminal cases and in civil 



42. Civil Government of Alabama 

cases where more than fifty dollars is involved. It 
has appellate jurisdiction in cases from the justice and 
other inferior courts. Usually half the time of the 
court is devoted to civil cases and half to criminal. 

The state is divided into four chancery divisions, 
each of which has a Chancellor, elected for six years 
Each division is divided into chan- 
4. The Chancery eery districts, in each of which is a 
Court. Register in Chancery, who acts as 

clerk of the court. In addition to 
this he has certain other powers and duties much great- 
er than those which usually belong to the clerk of 
court. He issues all process from the court, grants 
certain decrees, issues attachments, and has many 
other duties and powers that are prescribed by law. 
This is an equity court. It has jurisdiction in cases in 
which a plain, adequate and complete remedy is not 
provided in other judicial tribunals, and in kindred 
matters prescribed by law. The court meets twice a 
year in each chancery district, and proceeds without a 
jury. The salary of the Chancellor is twenty -five 
hundred dollars a year. 

The Probate Court consists of a Judge in each 
county, who is elected for six years. This court has 
jurisdiction concerning wills, the set- 
5. The Probate tlement of estates, appointing ad- 
conrt. ministrators and guardians, binding- 

out of apprentices, and many other 
similar matters. It also issues licenses of various kinds- 



The Constitution. 43. 

Deeds, mortgages, and all papers required by law to 
be recorded, must be recorded in this office. The Pro-' 
bate Judge is also judge of the county court and chair- 
man of the commissioners' court. His salary is chief- 
ly derived from fees. 

This court is held by the Probate Judge. It meets 

monthly, or oftener in certain cases, and has criminal 

jurisdiction concurrent with the cir- 

6. The County cmt am j c ^y cour t s . I n some 

Court. counties it has b j en abolished, other 

courts in many instances taking 
its place. 

In several parts of the state the General Assembly 
has established other courts, called by various names, 
as district court, criminal court, etc. 
7. other Courts. j n some instances these courts have 
concurrent jurisdiction with the chan- 
cery and circuit courts; in others they are inferior 
courts with criminal jurisdiction only. 

There are in each election precinct two Justices of 
the Peace, elected by the people for four years. The 
Gove; nor also has the power to ap 
8. The justice point one notary public in each pre- 
of the Peace. cinct, who has the same jurisdiction 
as a justice of the peace. The jus- 
tice of the peace has jurisdiction in. civil cases, where 



44 Civil Government of Alabama. 

the amount in controversy does not exceed one hun- 
dred dollars, and in certain misdemeanors. In all 
cases before a justice, the parties have the right of 
appeal without prepayment of costs. There is also 
in each election precinct a constable elected by the 
people, who is the ministerial officer of the justice 
courts in his precinct. A justice may, under certain 
circumstances, act as notary public, but a notary can- 
not act as a justice, unless appointed by the (Governor, 
with such jurisdiction. A notary public has the pow- 
er to administer oaths, and to take acknowledgments 
of instruments of writing, such as deeds, mortgages, etc. 
In most cities and towns there is a city court, held 

by the Mayor or Police Judge, which 
9. The City Court. nas jurisdiction of cases arising from 
any violation of a'city ordinance. In 
manv places the powers of this court are increased by 
special acts of the General Assembly- 
to. The Commis- This court consists of the Pro-- 

sioners' Court. bate Judge and the County Com- 
missioners. [See Chap. IV . j 

The Judges of the Supreme Court may be removed 

from office for wilful neglect of dut}', corruption in 

office, habitual drunkenness, incom- 

11. impeachment, petency, or any offense involving 

moral turpitude, by the Senate, on 

charges preferred by the House of Representatives. 



The County. 45 • 

The judges of the other courts may he removed from 
office by the Supreme Court, for any of the aforesaid 
causes. 

The judges of the Supreme, Circuit, Chancery, and 

City courts must be twenty-five 

12. Qualifications, years old, citizens of the state and 

of the United States for five years, 

and must be "learned in the law.'" 

CHAPTER IV. 

The County. 

The state is divided into sixty-six counties. New 
counties may be formed by a two- thirds vote of both 
houses of the General Assembly, 
but each countv must contaui at 
1. New Counties, least six hundred square miles, and 
a new countv must have a sufficient 
number of inhabitants to entitle it to 
one representative under the existing ra'io of repre- 
sentation. 

The county officers are the Probate Judge, County 
Commissioners, Sheriff, Circuit 
2. Officers. Court Clerk, Treasurer, Tax Asses- 
sor, Tax Collector, Coroner, Sur- 
vevor, and Superintendent of Education. 

For the duties and powers of the Probate Judge, 
see the account of the Probate Court. 



46. Civil Government of Alabama. 

There are four County Commissioners in each coun- 
ty elected for four years. With the Probate Judge they 
form the Comissioners' Court, having authority to 
control the property of the county, to levy the county 
tax, to examine and pass upon all accounts against 
the county, to audit the accounts of all officers hav- 
ing care of any money belonging to the county, to 
care for the poor in the county, to establish roads, 
biidges and ferries, and other similar duties provided 
by law. The commissioners are paid a stated amount per 
day and mileage for each day that they are employed 
in county business. 

In some counties there is, instead of the County 
Commissioners, a Board of Revenue, appointed by 
the Governor, with powers similar to those of the 
County Commissioners. 

The Sheriff 'is the chief peace officer of the county. 
He is elected for four years and is ineligible to the 
office as his own successor. He is the ministerial officer 
of the Chancery, Circuit, County, Probate and Com- 
missioners' courts. He executes the orders of the 
courts, has chaige of the prisoners, jail, and court house, 
and performs such other duties as may be imposed by 
law. In case of a vacancy in this office the Coroner 
acts as Sheriff. 

The Circuit Court Clerk is elected for six years 



The County. 47. 

He issues summons, writs, subpoenas, executions, and 
process, under authority of the court and keeps the 
various dockets and other records of the court. His 
salary is d< rived from fees. 

The County Treasurer is elected for four years. 
His duty is to receive, keep, and disburse the money of 
the count} 7 on warrant of the Commissioners* Court, or 
Circit Court Clerk. He gives bond to the amount of 
twice the estimated amount of the county revenue. He 
receives a per cent, of all money handled by him. 

The Tax Assessor is elected for four years. It is 
his duty to make a list of the taxable property of each 
tax payer in the county, with the value of the prop- 
erty to be taxed. He appoints certain places in each 
election precinct where tax-payers are to meet him for 
assessment and reports a statement of the assessment, 
when cmpleted, to the Probate Judge. He receives a 
a per cent, of the taxes collected. 

The Tax Collector is elected for tour years He 
gives bond for double the probable amount of taxes at 
any one time in his hands. His duty is to collect the 
taxes that are due from the tax-payers. He must, at 
the end of each month, pay over to the county treasu- 
rer the county taxes collected during the month, and 
to the state treasurer, the state taxes. The poll-tax of 
each county is paid to the state treasurer, but come s 
back to the county, as a part of the school fund. The 



48 Civil Government of Alabama. 

collector receives a per cent, of the taxes collected. 

The Coroner is elected for four years. His duty is 
to hold inquests when a person has been killed or has 
died suddenly under such circumstances as afford a 
reasonable ground for belief that his death was caused 
by unlawful means. He acts as sheriff in case the 
office becomes vacant or if the sheriff is imprisoned or 
is unable to act. His salary is elderly derived from fees. 

Tveo County Surveyors are appointed in each 
county, by the count}" commissioners, for three years, 
whose duty it is to make all surveys directed by the 
courts and for private parties, when desired. They 
receive a stated sum per day when employed. 

The County Superintendent of E Jura t ion has 
charge of the educational interests of the county. For 
a full description of this office see Part II, Chapter V. 

The County Board of Health is composed of the 
Count v Medical Society. It is the duty of the Board 
to collect- vital statistics, inspect county institutions, 
abate nuisances, and guard against epidemic diseases. 

Impeachment — All the county officers, the justices 
of the peace, notaries public, and constables, may be 
removed from office by the circuit court or the criminal 
court of the count}' in which they hold office, for wil- 
ful neglect of duty, corruption in office, habitual 
drunkenness, incompetency, or any offense involving 
moral turpitude. 



71 i e Schools. 49. 

CHAPTER V. 

Schools. 
The State Superintendent of Education, the County 
Superintendent of Education, the County Educational 
Board, and the Township Trustees, 
compose the school officers of the 
i. Organization- state, provided for by the constitu- 
tion and the general laws. In many 
cities there are Boards of Education 
that have charge of the schools of the city. These 
Boards are created by special acts of the Genera] 
Assembly. 

The State Superintendent of Education has a gen- 
eral supervision of the educational interests of the state. 
He apportions and distributes the 

^ _ „ . educational fund; prepares such 

2- The State Su- , . . . 

blanks as are used 111 the administra- 
penntendent . 

tion or the school system; visits, so 
of Education. c . . . 

rar as practicable, every county of the 

state for the purpose of inspecting 
the schools and diffusing as widely as possible inform- 
ation as to the importance of public schools and the 
best methods for their management; appoints county 
superintendents, in the counties in which they are not 
elected; supei vises the collection of the poll-tax; estab- 
lishes teachers' institutes; and performs such other du- 
ties in relation to the schools as are prescribed by law- 



50. Civil Government of Alabama. 

He is elected for two years and receives a salary of 
two thousand two hundred and fifty dollars a year. 
He is ex officio a member of the boards of directors of 
the State University, the A. and M. College, and some 
of the Normal Schools. 

There is in each county of the state a County Super- 
intendent of Education, who holds his office for two 
years. In about one-third of the 
counties of the state he is appointed 
3. The County by the State Superintendent, while 
Superintendent. m the remaining counties he is elect- 
ed by the people. He has a gen- 
eral supervision of the educational 
interests of the county. He receives and pays out 
the school funds, paying teachers quarterly, except 
in a few counties in which they are paid month- 
ly. He appoints township trustees, approves con- 
tracts of teachers, examines into the sixteenth sec- 
tion funds and unsold school lands of any town- 
ship and, with the Educational Board, conducts 
institutes and examines teachers. He gives a bond 
for double the probable amount of money that may 
be on his hands at any one time. He must be at 
his office at the county seat on the first Saturday of 
each month to transact business with school officers. 
His annual salary is seventy-five dollars and two per 



77ic Schools. 51. 

cent, of the funds disbursed bv him. In a few counties 

J 

the compensation has been considerably increased by 
special acts of the General Assembly. 

There are in each township three trustees, who have 
the supervision of schools of their township. These of- 
ficers take the place of the township 
superintendent, that office having 
4. The Township been abolished in 1S91. Previous 
Trustees. *-° that time there were township 

trustees in a few counties only. In 
most counties the trustees are ap- 
pointed by the County Superintendent, but in a few 
they are elected. The trustees have power to estab- 
lish schools and contract with teachers for the schools. 
A meeting of the parents and guardians of the children 
is to be held on the last Monday in October at which 
"they shall, in consultation with such parents and guar- 
dians," determine the number of schools, the location, 
the time of opening and length of session, and the chil- 
dren to be transferred from one district to another. 

They also have control of any unsold school lands 
in the townshin, having power to rent or sell the same 
in the manner prescribed by law. They are exempt 
from road duty, jury duty, and poll-tax, but otherwise 
receive no remuneration. 

The Educational Board of the county is composed 



52. Civil Govern merit of Alabama. 

of the of the county superintendent and two teachers, 
appointed by him. It is the duty of 
the board to examine teachers, issue 

5. The Educa- certificates and hold teachers 1 msti- 

tional Board, tutes. 

There must be three institutes for 
each race held in each county during 
the year, provided there are ten licensed teachers of the 
race for whom the institute is organized. Teachers 
holding" certificates must attend at least one of these 
institutes. 

Every teacher in the public schools must have a cer- 
tificate from the county educational board; also a con- 
tract made with the township trus- 
tees and hied with the county super- 

6. The Teacher, intendent and approved by him with- 

in ten d ; »vs of the date of signing 
At the end of each quarter the 
teacher must make a report to the county superintend- 
ent, showing attendance, branches taught, days taught, 
amount due teachers, and other items specified in the 
blanks furnished by the county superintendent. 

"Every applicant for a teachers' certificate must be 
examined on the following subjects: For the third 
grade, in orthography, reading, penmanship, practical 
arithmetic through fractions, primary geography, and 



The Schools. 53. 

the elementary principles of physiology and hygiene," 
"with special reference to the nature of alcoholic 
drinks, and narcotics and their effects upon the human 
system;" "for the second grade, on all the foregoing 
subjects and also in practical arithmetic, history of the 
United States, English grammar, intermediate geog- 
raphy, and elementary algebra; for the first grade, on 
all the foregoing subjects, and also in higher algebra., 
natural philosophy, geometry and the theory and 
practice of teaching." 

"No applicant shall receive a certificate who fails 
to answer correctly seventy per cent, of the questions," 
or who does not have a good moral character. The 
laws seem to leave to the Educational Boards consider- 
able discretionary powers as to the severity and extent 
of the examination. 

Anyone having a diploma from any charteied insti- 
tution is entitled to receive a certificate, without ex- 
amination, on payment of the fee of one dollar. 'I hose 
holding state certificates or diplomas from Normal 
Schools, signed by the State Superintendent are ex- 
empt from examination or payment of fee. 

The school vear begins on the first of October; 
twenty days constitute a school month, and a school 



54* Civil Government of Alabama. 

clay is not less than six hours. Pu- 
pils are of school age when between 
7 The School- seven and twenty-one years old, and 
are entitled to admission into the 
school. 
The trustees cannot contract for a school for less 
than twelve* weeks, or for less than ten scholars, or for 
more than fifty scholars for one teacher. 

The constitution provides that there shall be sep- 
arate schools for colored children. 

The total number of children of school a°:e in the 
state according to the enumeration taken in 1891, was 
550,721 , of whom 309,628 were white and 241,093 
were colored. 

The school funds are derived from the following 
sources: 

(1) The Sixteenth Section Fund. The interest 

at six per cent on the money derived from the sale of 

school lands which were given by 

the United States for the use of 

8. The School schools, is paid by the state into the 

Funds. school fund. Each township receives 

the income from its own sixteenth 

section money. The principal of this 

fund is now $1,875,923.66. 



The Schools. 55. 

(2) The Valueless Sixteen Section Fund, or Six- 
teenth Section Trust Fund. The interest at six per 
cent, on the money derived from the sale of the land 
given by the United States in place of valueless six- 
teenth sections, is paid by the state into the school 
fund. The principal of this fund is now $97,091.16. 

(3) The Surplus Revenue Fund. The state 
pays into the school fund the interest at four per cent 
on the $669,086.80 surplus revenue deposited with the 
State by the United States in 1836. 

(4) The Poll-Tax. All the poll-tax is returned 
to the townships in which it was collected, to be used 
for the schools of the township. The poll tax paid by 
each race is to be used for the sch ols of that race. 
The total fund derived from the poll tax for the year 
ending September 30, 1891, was $1^2,503. 

(5) The State Appropriation. The General 
Assembly at each session makes an appropriation for 
schools, out of the state funds, the constitution re- 
quiring at least $100,000 be set apart for this purpose. 
The appropriation made by the General Assembly of 
1890-91 was $350,000 for each year. 

(6) The rent of school lands that have not been 
sold is a source of income to some townships. The 
amount derived from this source for the year ending 
September 30, 1S91, was $1,829.80. 



56 Civil Government of Alabama. 

(7) All money that comes to the state as escheats 
is to be applied to the support of the public schools. 

(S) Certain licenses are by law, in some counties 
and towns, required to be paid in to the school fund. 

(9) In most of the counties the owner of a dog 
may register the animal, paying a tax of one dollar, 
thus being able to obtain damages from any one who 
injures it. This tax is appropriated for the use of the 
public schools of the county. 

( 10) In many districts the public school fund is 
supplemented by private subscription, thus securing a 
better school and a longer term than the public fund 
would provide. In the cities and towns there is an 
appropriation for schools made out of the municipal 
revenue. 



CHAPTER VI. 

Citizenship — Taxation — Amendments. 

The constitution contains the following specifica- 
tion as to who are citizens: 

"All persons resident in this State, 
1. Citizenship- born in the United States, or natur- 
alized, or w T ho shall have legally de- 
clared their intention to become citi- 
zens of the United States, are hereby declared citi- 



Citizenship. cjy. 

zens of the State of Alabama, possessing equal civil 
political rights." 

An elector or voter must be a male citizen of the 
United States, or a foreigner who has declared his in- 
tention to become a citizen of the United States; he 
must have resided in the state one year, in the county 
three months, and in the precinct, district, or ward 
thirty days. Before the election he must register with 
the officer appointed for that purpose, taking oaih that 
he is an elector. 

Each county is divided into election precincts, or 
beats as they are more commonly called. These usu- 
ally number about twelve, the com- 
missioners' court having power to 
2. Election Pre- change their number or boundary. A 
cSnct or Beat, beat may contain two or more voting- 
places, if the needs of the people re- 
quire it. There is no organized gov- 
ernment of the beat, the only officers being two justices 
of the peace and one constable elected by the people, 
and one notary appointed by the Governor with pow- 
er of justice 

The constable is the ministerial officer of the 
Justices' Courts; he executes and returns summons, 
executions, and other process, as directed by 
lawful authority; he may be summoned by the sheriff 



58. Civil Government of Alabama. 

to attend Circuit Court; and he performs other duties 
required by law. 

There is no organized township government in the 

township, except the three trustees, 

3. Townships- who have the management of the 

schools. For an account of these 

officers see Part II, Chap V. 

All males between twenty-one and forty -five years 
of age are required to pay a poll-tax of one dollar and 
fifty cents, which is devoted to the 
use of schools. The state tax on tax- 
4. Taxation able property cannot be more than 
three-fourths of one per cent; the 
county tax cannot be more than one- 
half of one per cent; the city, town, or munici- 
pal corporation tax cannot be more than one half of 
one per cent. The city tax is based on the state and 
county assessment of the previous year. 

An amendment to the constitution must be passed 

by both branches of the General Assembly, published 

at least three months before the next 

5, Amendments, general election for Representatives, 

and adopted by a majority of the 

votes cast at that election. 

Several amendments have been proposed but none 
have been adopted. 



Population. c a 

The increase of population in Alabama during the 
various decades is shown bv the following table, taken 
from the census reports: 

1820 127,901 

1830 309.527 

1840 590 756 

l8 5o 771,623 

i860 964.201 

lS 7° 99 6 >99- 

1S80 1,262,505 

l8 9° 1,513,017 



USTDEX. 



PAGE. 

Alabama Territory 1" 

a State 12 

Amendments 5o 

Asylum, Insane 15 

Deaf and Dumb 15 

Blind 16 

Bank, State 16 

Beat 57 

Bibb, W. W 12 

Bienville . . ■ . 3 

Birmingham 21 

Cahaba 12, 15 

Cession to England 4 

Spain 5 

United States 5 

by South Carolina 6 

Georgia ' 

Citizenship 56 

Claiborne, W. C. C 6 

Gen 8 

Town of 14 

Conflicting claims 4 

Counties, new 45 

County officers 45 



62. Index. 

PAGE . 

Court, Supreme - 41 

Circuit 41 

Chancery 42 

Probate 42 

County 43 

City 44 

Commissioners' 44 

Justice 43 

Other 43 

Davis, Jefferson J 7 

Declaration of Rights 30 

Demopolis 15 

DeSoto 1 

Discovery 1 

Election Precinct 57 

Farragut, Adm 18 

Florence 14 

Florida 4 

West 5 

ceded toU.S 8 

Forrest, Gen 17,18 

Fort Mims Massacre 8 

General A ssembly 31 

Governor 30 

Governors, List of 22 

Houston, County 5 

Governor 20 

Huntsville 12, 14 

Indians, Races 3 

Removal 10 

Jackson, Gen. Andrew ( J 

Laws, how made • 33 



Index. 63- 

PAGE. 

Louisiana 4, 7 

Maubila 2 

McGillivray, Alexander (» 

Mississippi Territory 6 

Mobile... 3, 5, 8, 11, 13, 18 

Montgomery .... 13, 16 

Muscle Shoals Canal 15 

Penitentiary 15 

Pensaco'a 3, 5 

Population of cities 22 

of State 59 

Railroad, First 15 

Frauds 20 

Recent Growth 20 

Reconstruction 19 

Representatives 32 

Sargent. Winthrop G 

Sehna 13 

Senate 31 

Settlement 3 

Schools, Public, History of 24 

State University 26 

A . and M. College 2(5 

Normal 27 

Medical 28 

Private 2S 

Organization 49 

State Superintendent 49 

County Superintendent 50 

Board 52 

Teachers 52 

Trustees 51 

Funds 54 



-€3T 



64. Index. 



State Officers — 

Secretary of State. .......' 37 

Auditor 37 

Treasurer : 37 

Attorney-General 38 

Superintendent of Education 38 

Commissioner of Agriculture 38 

Adjutant-General 38 

Examiner of Accounts 3 ( j|i 

State Boards 39 

St. Stephens 14 

Taxation 58 

Townships 58 1 

Tuskaloosa % 13, 14 

War, Creek '. 8 

Civil KJ 

Weatherford , Wm 

Wetumpka 

Wilson, Gen I* 

Yancey, \V. L 16 

Yazoo Fraud 7 ' 



ID 

13 / 



/ 



